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Florida’s Intentional Tort and Negligence Laws

Florida’s Intentional Tort and Negligence Laws

Florida tort law involves civil wrongs that permit claims for personal injuries or property damage. The law might award compensation for a tort in the form of money damages or injunctive relief. A tort can be an intentional act, a negligent act or a failure to act. Tort law does not provide for fines or the imprisonment of the person who committed the tort.

Intentional torts

These involve deliberate conduct that is designed to result in consequences that are harmful to people and/or their property. Examples of intentional torts include but are not limited to:

• An assault causing the imminent apprehension of bodily harm
• A battery involving harmful or offensive contact with somebody’s body
• Trespass on the land of another
• Conversion of the property of another

Recovering damages for intentional torts

Nearly all insurance companies exclude coverage for intentional torts. Victims have to look directly to the person for compensation for damages. Compensation can be awarded in cases involving intentional torts, but collecting those damages might be difficult since there is usually no insurance company standing behind the person who committed the intentional tort.

Negligent torts

The overwhelming majority of tort cases that actually involve awards for damages and collection of damages involve the law of negligence. Negligence involves careless conduct as opposed to deliberate conduct. The elements of negligence are:

• A duty of care
• Breach of that duty
• Causation connecting breach of duty and the damages claimed
• Proof of legally compensable damages

These elements usually involve a careless act or a failure to act. Failure to prove any single element of negligence will cause the case to fail in its entirety. Common negligence cases undertaken by the Law Offices of Scott Jay Senft involve motor vehicle crashes like rear-end collisions caused by distracted driving. Under Florida law, distracted driving is careless and not intentional.

Collecting damages in negligence cases

Most negligence cases handled by the experienced attorneys at the Law Offices of Scott Jay Senft involve occurrences like motor vehicle collisions, premises conditions or professional negligence. In Mr. Senft’s experience, nearly all individuals who injure somebody else through a negligent act or omission have some type of available insurance coverage. If they are not directly insured, other insurance might be available. When coverage applies, damages are collected through settlement or awarded in a trial. Of course, the amount of collectable damages is different in each case.

Scott Jay Senft is a highly experienced Florida attorney with offices in Dania Beach, Orlando, Naples and Jacksonville. His practice includes personal injury law. He is experienced, compassionate, aggressive and highly respected by both judges and other attorneys. If you or somebody close to you was injured by the intentional or negligent conduct of somebody else anywhere in Florida, contact the Law Offices of Scott Jay Senft at 877-291-HURT for a free consultation and case evaluation. People injured through the fault of others deserve fair and just compensation.

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